[House Document 116-108]
[From the U.S. Government Publishing Office]
116th Congress, 2d Session - - - - - - - - - House Document 116-108
DECLARATION OF A NATIONAL EMERGENCY CONCERNING THE NOVEL CORONAVIRUS
DISEASE (COVID-19) OUTBREAK
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER DECLARING THAT THE OUTBREAK OF CORONAVIRUS DISEASE
(COVID-19) IN THE UNITED STATES CONSTITUTES A NATIONAL EMERGENCY,
PURSUANT TO 50 U.S.C. 1621(a); PUBLIC LAW 94-412, SEC. 201(a); (90
STAT. 1255) AND 42 U.S.C. 1320b-5(d); AUG. 14, 1935; CH. 531, TITLE XI,
SEC. 1135(d) (AS ADDED BY PUBLIC LAW 107-188, SEC. 143(a)); (116 STAT.
628)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 16, 2020.--Message and accompanying papers referred to the
Committees on Energy and Commerce and Ways and Means, and ordered to be
printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-011 WASHINGTON : 2020
To the Congress of the United States:
Pursuant to section 201 of the National Emergencies Act (50
U.S.C. 1621), I hereby report that I have exercised my
authority to declare that the outbreak of coronavirus disease
(COVID-19) in the United States constitutes a national
emergency. This declaration invokes section 1135 of the Social
Security Act, 42 U.S.C. 1320b-5, to allow the Secretary of
Health and Human Services to exercise the authority under that
section to temporarily waive or modify certain requirements of
the Medicare, Medicaid, and State Children's Health Insurance
programs and of the Health Insurance Portability and
Accountability Act Privacy Rule throughout the duration of the
public health emergency declared in response to the COVID-19
outbreak.
I am enclosing a copy of the proclamation I have issued.
Donald J. Trump.
The White House, March 13, 2020.
Declaring a National Emergency Concerning the Novel Coronavirus Disease
(COVID-19) Outbreak
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By the President of the United States of America
A Proclamation
In December 2019, a novel (new) coronavirus known as SARS-
CoV-2 (``the virus'') was first detected in Wuhan, Hubei
Province, People's Republic of China, causing outbreaks of the
coronavirus disease COVID-19 that has now spread globally. The
Secretary of Health and Human Services (HHS) declared a public
health emergency on January 31, 2020, under section 319 of the
Public Health Service Act (42 U.S.C. 247d), in response to
COVID-19. I have taken sweeping action to control the spread of
the virus in the United States, including by suspending entry
of foreign nationals seeking entry who had been physically
present within the prior 14 days in certain jurisdictions where
COVID-19 outbreaks have occurred, including the People's
Republic of China, the Islamic Republic of Iran, and the
Schengen Area of Europe. The Federal Government, along with
State and local governments, has taken preventive and proactive
measures to slow the spread of the virus and treat those
affected, including by instituting Federal quarantines for
individuals evacuated from foreign nations, issuing a
declaration pursuant to section 319F-3 of the Public Health
Service Act (42 U.S.C. 247d-6d), and releasing policies to
accelerate the acquisition of personal protective equipment and
streamline bringing new diagnostic capabilities to
laboratories. On March 11, 2020, the World Health Organization
announced that the COVID-19 outbreak can be characterized as a
pandemic, as the rates of infection continue to rise in many
locations around the world and across the United States.
The spread of COVID-19 within our Nation's communities
threatens to strain our Nation's healthcare systems. As of
March 12, 2020, 1,645 people from 47 States have been infected
with the virus that causes COVID-19. It is incumbent on
hospitals and medical facilities throughout the country to
assess their preparedness posture and be prepared to surge
capacity and capability. Additional measures, however, are
needed to successfully contain and combat the virus in the
United States.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United
States, by the authority vested in me by the Constitution and
the laws of the United States of America, including sections
201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et
seq.) and consistent with section 1135 of the Social Security
Act (SSA), as amended (42 U.S.C. 1320b-5), do hereby find and
proclaim that the COVID-19 outbreak in the United States
constitutes a national emergency, beginning March 1, 2020.
Pursuant to this declaration, I direct as follows:
Section 1. Emergency Authority. The Secretary of HHS may
exercise the authority under section 1135 of the SSA to
temporarily waive or modify certain requirements of the
Medicare, Medicaid, and State Children's Health Insurance
programs and of the Health Insurance Portability and
Accountability Act Privacy Rule throughout the duration of the
public health emergency declared in response to the COVID-19
outbreak.
Sec. 2. Certification and Notice. In exercising this
authority, the Secretary of HHS shall provide certification and
advance written notice to the Congress as required by section
1135(d) of the SSA (42 U.S.C. 1320b-5(d)).
Sec. 3. General Provisions. (a) Nothing in this
proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This proclamation is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United
States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirteenth day of March, in the year of our Lord two thousand
twenty, and of the Independence of the United States of America
the two hundred and forty-fourth.
Donald J. Trump.
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